The following uses are prohibited in all zones other than those zones in which they are specifically designated as conditional uses: Marijuana grow site medical defined in Section 10A-03-134.1.2, a marijuana processing site defined in Section 10A-03-134.1.4, a marijuana processor flammable defined in Section 10A-03-134.1.5, a marijuana processor non-flammable defined in Section 10A-03-134.1.6, a Marijuana Producer Recreational defined in Section 10A-03-134.1.7, a marijuana recreational facility defined in Section 10A-03-134.1.8, a marijuana retailer defined in Section 10A-03-134.1.9, a marijuana testing laboratory defined in Section 10A-03-134.1.10 a marijuana wholesaler defined in Section 10A-03-134.1.11, and a medical marijuana facility defined in Section 10A-03-134.5. The zones in which those uses are prohibited include but not limited to the following zones in Title 10A, but not including TRO zones in Chapter 23 that are located in C-2-H zones:

•

Chapter 11 (RS-50);

•

Chapter 13 (RD-40);

•

Chapter 17 (RM-10);

•

Chapter 19 (R-MH);

•

Chapter 37 (IBP);

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Chapter 45 (AD);

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Chapter 49 (PD);

•

Chapter 51 (PF); and

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All urban growth area zones, including the following zones in Chapter 52: UGA I-1, UGA I-2, UGA E-2, UGA E-5, UGA-C and UGA-R.

(Ord. No. 2748-2018, § 10, 10-23-2018)

Unless lawfully prohibited by Section 3-23-1 and any amendments thereto imposing a ban on marijuana within the jurisdiction of the City of Ontario, the following uses if listed under being allowed by a conditional use, are conditional uses in the C-1, C-2, C-3, C-2H, E-2, E-5, I-1 and I-2 zones, as provided in Chapters 27, 29 and 33 of Title 10A: marijuana businesses defined in Section 10A-03-134.1.1; marijuana grow sites medical defined in Section 10A-03-134.1.2; marijuana processing sites defined in Section 10A-03-134.1.4; marijuana processor flammable defined in Section 10A-03-134.1.5; marijuana processors non-flammable defined in Section 10A-03-134.1.6; a marijuana producer recreational defined in Section 10A-03-134.1.7; marijuana recreational facility defined in Section 10A-03-134.1.8; marijuana retailers defined in Section 10A-03-134.1.9; marijuana testing laboratory defined in Section 10A-03-134.1.10; marijuana wholesalers defined in Section 10A-03-134.1.11; and medical marijuana facilities defined in Section 10A-03-134.5.

(Ord. No. 2748-2018, § 10, 10-23-2018; Ord. No. 2770-2020, § 2, 2-21-2020)

All marijuana operations and activities located in the C-1, C-2, C-3, C-2H, E-2, E-5, I-1 and I-2 zones are subject to Chapter 10B-25 ("Conditional Use Permits") of Title 10B, and to the conditions generally imposed upon conditional uses in these zones and to the application fee set by most recent fee resolution. The following special conditions shall also apply to all marijuana operations and activities:

(A)

Location Restrictions. Marijuana operations and activities are prohibited in the following locations, with distances measured from the closest points of the respective lot lines:

1.

Within 1,000 feet of a public or private elementary or secondary school, or a career school attended primarily by minors, including but not limited to:

a)

All Ontario 8C Schools.

b)

St. Peter Catholic School.

c)

Treasure Valley Christian School.

d)

Four River Community School.

2.

Within 1,000 feet of a non-commercial facility used primarily for the care, education or recreation of minors existing at the time of this ordinance which are:

a)

Ontario Head Start Center.

b)

Oregon Child Development Coalition (OCDC).

c)

Malheur County Child Development Center.

d)

Treasure Valley Relief Nursery.

e)

Ontario Boys and Girls Club.

f)

Any School operated by Malheur Education Service District (ESD).

3.

Within 1,000 feet of a property zoned as PF Public Facility or UGA-PF Public Facility UGA, excepting therefrom the Oregon Department of Transportation lands adjacent to East Idaho Avenue and the City of Ontario Water Treatment Plant lands East of East Lane and the Ontario Public Works Department lands located at 1551 NW 9th Street;

4.

Within 1,000 feet of property designated by the City of Ontario as a public park in a City Park Master Plan as long as that property remains designated by the City as a public park;

5.

Within 1,000 feet of another medical marijuana retail facility;

6.

Within 1,000 feet of another marijuana recreational retail facility;

7.

Within 500 feet of residential zones, including those designated in Chapter 11 (RS-50), Chapter 13 (RD-40), Chapter 17 (RM-10), Chapter 19 (R-MH), and Chapter 52 (UGA-R)of Title 10A;

8.

On the same tax lot as a smoking club; or

9.

Any combination of the above.

(B)

Other Restrictions. Marijuana operations and activities are subject to the following additional restrictions:

1.

A facility shall be designed so that all transactions occur within the interior of the facility, out of the view of the public. All doorways, windows and other openings shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. Walk-through windows, drive-through windows or other outside delivery systems are prohibited.

2.

Any and all marijuana operations and activities are considered a change of use and any existing and new structures used for such operations shall be brought up to and/or constructed to current building codes and standards, including but not limited to the American Disability Act (ADA), parking standards and providing for public bathrooms for the business customer use including persons waiting to be serviced.

3.

All Medical and recreational marijuana retail facilities shall be required to provide parking as per [Section] 10A-57-75(4) as follows: One space for each employee, full or part time on the largest shift, plus one space for each 300 square feet of gross floor area. Parking for all marijuana operations and activities shall comply with off-street parking and loading requirements [Sections] 10A-57-60 through 10A-57-100.

4.

The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected.

5.

The facility shall be located in a permanent building, not in a trailer, cargo container or motor vehicle. Any manufactured building shall be a commercial grade design and construction certified by the State of Oregon.

6.

The exterior of the facility shall have an exterior consistent with other buildings on abutting lots in the neighborhood so as not to cause blight.

7.

All marijuana operations, activities and or facilities must install and maintain all security devices required by the licensing body either the Oregon Health Authority (OHA) or the Oregon Liquor Control Commission (OLCC).

8.

All medical and recreational marijuana retail facilities within the C-3 zone shall have a large enough indoor waiting area as to not allow large customer lines outdoors along the public sidewalks and rights of ways or blocking any entrances to other adjacent businesses.

9.

Prior to commencing business operations, a facility must have a current business license issued by the City of Ontario under Chapter 22 of Title 3 of the Ontario City Code and the licensed by the Oregon Health Authority (OHA) or the Oregon Liquor Control Commission (OLCC) for the type of operation allowed.

10.

All marijuana operations and activities shall be on a conditional use application prescribed by the Ontario Planning Director and shall include all the items and attachments noted and required in the application along with all fees required by code and current resolution. The application will be date and time stamped as received by the Planning Department only, to set the order of review. The application will be reviewed by the Planning Director for completeness and compliance to established buffers before it is accepted for consideration. Any incomplete application or one not meeting the established buffers shall be returned to the applicant for corrections and/or additional required information and once returned will be time stamped and dated again. Once the application is accepted as complete by the Planning Director the date accepted as complete shall be the priority dated for establishing the buffer between marijuana retailers if the application is approved and all licensing and development requirements are met.

11.

The conditional use permit is governed by [Section] 10B-25-40 and the marijuana conditional use permit shall have a time limit of 12 months and become void if conditions are not meet, unless an extension is granted for good cause under [Section] 10B-25-40(3).

12.

The conditional use permit (CUP) must be approved by the Ontario Planning Department before any Land Use Compatibility Statement (LUCS) will be signed by the Ontario Planning Department for any of the Marijuana State Business License or Registration required by the State of Oregon and/or City of Ontario.

(Ord. No. 2748-2018, § 10, 10-23-2018; Ord. No. 2770-2020, § 3, 2-21-2020)